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Personal Injury & Medical Malpractice
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February 21, 2025
Fla. Biz Owner Gets 4 Years In Prison For Worker Fraud Plot
A Florida federal judge sentenced a construction business owner to four years in prison and ordered him to pay millions of dollars in restitution after pleading guilty to fraud-related charges in connection with an elaborate worker scheme and violating safety standards that led to the death of an employee.
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February 21, 2025
Kim Kardashian Accused Of Misidentifying Death Row Inmate
Kim Kardashian was sued Thursday in California state court one year after a photo the reality television star posted in an Instagram story allegedly identified the wrong man as a Texas prisoner on death row.
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February 21, 2025
Diddy Atty Says No Way He Can Continue As Defense Counsel
A defense attorney representing Sean "Diddy" Combs' in his criminal sex-trafficking case on Friday asked a Manhattan federal judge to allow him to quit, saying in a carefully worded court filing that "under no circumstances" could he continue to represent the disgraced hip-hop mogul.
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February 21, 2025
9th Circ. Won't Revive Atty's Fraud Case Against Ex-Girlfriend
The Ninth Circuit on Friday said it would be futile to resuscitate a California attorney's pro se case accusing a former girlfriend of fraud and extortion after she asked him to take down a website he created to shame her, siding with a trial judge who determined a damages claim was based on conclusions not backed up by facts.
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February 21, 2025
USC Widow Challenges NCAA Verdict In Calif. Supreme Court
The widow of a USC linebacker to whom a California jury denied $53 million in damages related to her wrongful death suit against the NCAA has appealed the decision to the Supreme Court of California, after an appellate court affirmed the decision.
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February 21, 2025
Mich. Panel Admits To Frustrating Flip-Flop In Slip & Fall Suit
A Michigan appellate panel expressed some empathy to a trial court's anticipated frustration as the panel reversed the lower court's decision to free a condominium association from a slip-and-fall suit after issuing an opposite ruling a few years ago, noting the panel is navigating drastically changing premises liability law in the state.
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February 21, 2025
Delta Hit With First Negligence Suits Over Toronto Crash
Delta Air Lines was hit with the first pair of negligence suits in Georgia and Minnesota federal court over a harrowing crash in Toronto during which the plane caught fire, skidded across the runway with its wings broken off and flipped upside down.
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February 21, 2025
Arbitration Court Upholds Ex-Spanish Soccer Chief's 3-Year Ban
An international sports arbitration court on Friday dismissed the appeal of the suspension of disgraced former Spanish soccer president Luis Rubiales, who a day earlier was found guilty of sexual assault for kissing national team midfielder Jenni Hermoso on stage during the 2023 World Cup celebration ceremony.
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February 21, 2025
Off The Bench: White House Hosts PGA Tour-LIV Golf Summit
In this week's Off The Bench, the two former rival pro golf tours join the president to discuss their long-delayed combination, several NBA teams support a bid for the U.S. Supreme Court to keep copyright claims in check, and prosecutors charge Chilean nationals with robbing the homes of high-profile athletes.
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February 21, 2025
Ga. Senate Passes Measure To Rein In 'Excessive Litigation'
The Georgia state Senate on Friday passed a bill intended to cut down on "excessive litigation" and its accompanying costs by imposing new limits on negligent security claims.
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February 21, 2025
Veolia Ends One Of Few Remaining Flint Water Suits For $53M
A water engineering firm on Friday said it will pay $53 million to settle claims from the state of Michigan and thousands of Flint residents who allege the company failed to properly identify corrosion control treatment issues or alert officials to the dangers of the city's water, prolonging the water crisis.
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February 21, 2025
Connecticut AG Tong Says Bomb Threat Targeted His Home
Connecticut Attorney General William M. Tong on Friday morning said his home in the southwestern corner of the state had been targeted by a bomb threat, and the investigation appears to be in the hands of federal law enforcement authorities.
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February 20, 2025
Fla. Jury Awards $1.2M In Botched Hysterectomy Suit
A Florida state court jury has awarded more than $1.2 million in damages to a man whose 78-year-old wife died following a robotic-assisted hysterectomy surgery, finding that a medical doctor and nurse were negligent in the woman's death from sepsis, a blood infection.
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February 20, 2025
Green Groups Ask 9th Circ. To Press EPA Again On Atrazine
Environmental groups are urging the Ninth Circuit to reopen a long-running case against the U.S. Environmental Protection Agency over its regulation around the pesticide atrazine, arguing that the agency's yearslong delay in completing a court-ordered review of the chemical has allowed "serious harm to people, plants and wildlife."
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February 20, 2025
Walgreens Says Theft Dispute Ruling Is 'Texbook Bad Law'
An attorney for Walgreens told the Texas Supreme Court on Thursday that a lower appellate court's failure to dismiss a shopper's negligent hiring claim under the state's anti-SLAPP statute is " textbook bad law" because the court dismissed the underlying cause of action that the shopper's claim stems from.
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February 20, 2025
Nicolas Cage Sued Over Son's Alleged Assault Of Mother
Nicolas Cage has been accused of wrongly enabling his adult son's alleged assault of the latter's mother by not properly addressing his longstanding mental health issues, according to a lawsuit filed against the actor and his son in California state court.
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February 20, 2025
Ye Sanctioned Again, Ordered To Sit For Another Deposition
A California judge on Thursday ordered rapper Ye, formerly known as Kanye West, to sit for a deposition and sanctioned him for failing to appear at a scheduled deposition in a discrimination suit by a former Donda Academy employee, the second time since the Grammy's that the winner was hit with such an order.
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February 20, 2025
Del. Judge Nixes Two Insurers In Cheer Abuse Coverage Row
A Delaware state court dismissed two insurers in a coverage dispute over underlying sexual abuse claims against a clothing retailer that also sponsors and organizes national cheerleading competitions, finding while the state's "long-arm statute" supports exercising jurisdiction over the insurers, doing so would violate their due process rights.
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February 20, 2025
3rd Circ. Denies Concussion Benefits For 18 Ex-NFL Players
The Third Circuit denied the families of 18 late NFL players access to funds under the league's historic concussion settlement Thursday, saying benefits can only be given to players diagnosed with chronic traumatic encephalopathy after death.
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February 20, 2025
EPA Sued Over Approval Of Radioactive Waste Road Project
The Center for Biological Diversity filed suit Wednesday challenging the U.S. Environmental Protection Agency's approval of the use of radioactive phosphogypsum in road construction at fertilizer producer Mosaic's facility in Florida.
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February 20, 2025
NY AG Sues 13 Vape Cos. Over Flavored Products
The New York attorney general on Thursday sued 13 electronic cigarette makers and sellers in federal court, alleging that they are illegally selling flavored vapes in violation of both state and federal law, contributing to the youth vaping epidemic.
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February 20, 2025
Conn. Atty Seeks New Injunction Against Ex-Law Partner
Connecticut attorney Ryan McKeen is causing irreparable harm to the windup of his former law firm and should be barred from any further involvement like communicating with vendors, contractors and accountants, his onetime 50-50 partner told a state court judge in seeking a temporary injunction.
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February 20, 2025
Split 4th Circ. Denies Asylum To Salvadoran Couple
The Fourth Circuit denied a Salvadoran couple's petition to overturn an immigration judge's order rejecting their asylum claim, saying they had not shown that the government of El Salvador was unwilling or unable to protect them from the MS-13 street gang.
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February 20, 2025
Ex-Spanish Soccer Chief Guilty, Fined For Sexual Assault
A Spanish judge on Thursday found former Spanish football president Luis Rubiales guilty of sexually assaulting national team midfielder Jenni Hermoso, coloring the forcible kiss he gave to Hermoso after the team's 2023 World Cup victory a "reprehensible act."
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February 19, 2025
Eaton Fire Class Action Blames SoCal Edison Power Lines
Southern California Edison was hit with a proposed class action Tuesday alleging that its failure to maintain its electrical grid and shut down power lines during fire weather conditions sparked the Eaton Fire that killed 17 people and destroyed more than 9,000 structures in Altadena, California.
Expert Analysis
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Opinion
Weight Drug Suits Highlight Need For Legal Work On Safety
The rapid ascent of glucagon-like peptide-1 receptor agonists like Ozempic has revolutionized diabetes management and weight loss — but legal wrangling over issues including off-label prescriptions, side effects and compounded versions underscores lawyers' roles in protecting patient safety, says attorney Gregg Goldfarb.
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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Improving Comms Between Trial Attys And Tech Witnesses
In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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It Starts With Training: Anti-Harassment After 'It Ends With Us'
Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Aviation Watch: Litigation Liabilities After DC Air Tragedy
While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Ch. 11 Ruling Confirms Insurer Standing Requirements
A New York bankruptcy court's recent decision in the Syracuse Diocese's Chapter 11 case indicates that insurers have misread the U.S. Supreme Court’s 2024 ruling in Truck Insurance Exchange v. Kaiser Gypsum and that federal standing requirements remain unaltered, say attorneys at Lowenstein Sandler.
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Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz
Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.